On June 11th, the Legal Affairs Office of the State Council yesterday publicly solicited opinions on the Measures for the Administration of Internet-based Audiovisual Programs for the Spread of Information Networks (Revised Consultation Draft) (hereinafter referred to as the “Consultation Draftâ€). The draft for solicitation has detailed requirements for the establishment of internet radio and television service units, the specifications of online radio and television services, and related legal responsibilities.
According to the draft, the Internet radio and television content service units should be equipped with professional program review personnel, otherwise they will be warned, ordered to make corrections, and may be fined not more than 30,000 yuan.
The draft of the Opinions pointed out that programs broadcast by Internet radio and TV content service units must not contain any methods of promoting obscenity, gambling, violence, terror, drug abuse, abetment of crimes, or the transmission of criminal methods, endangering social morality or the outstanding cultural traditions of the nation, and infringing the lawfulness of minors. Contents such as rights or harmful to the physical and mental health of minors will be fined no more than 30,000 yuan.
The draft of the consultation also stipulated that: If you engage in network broadcasting and television services without permission, the press and broadcasting administrative department at or above the county level shall issue a warning, order a rectification, and impose a fine of not more than 30,000 yuan; if the circumstances are serious, it shall be regulated by the Radio and Television Regulations No.40. The seven provisions are punished.
The following is the full text of the State Council's Measures on the Administration of Internet-based Information and Communication Audiovisual Programs (Revised Consultation Draft):
Internet and other information networks dissemination of audiovisual program management methods
(Amendment Consultation Draft)
Chapter 1 General Provisions
Article 1 These Measures are formulated to regulate the dissemination of audiovisual programs in the Internet and other information networks, promote the healthy and orderly development of audiovisual program services on the Internet and other information networks, safeguard national interests and public interests, and protect the legitimate rights and interests of the public and practitioners.
Article 2 These Measures shall apply to such activities as content services, integrated broadcast control, transmission and distribution, etc. that are engaged in the dissemination of audiovisual program services on the Internet and other information networks.
Article 3 The term "Internet broadcasting and audio-visual program services" (hereinafter referred to as "network broadcasting television services") referred to in the present Measures refers to the transmission of Internet and other information networks (including lines and wireless networks), local area networks and the use of the Internet to set up virtual private networks as transmissions. Channels, with televisions, mobile phones (including various types of handheld electronic devices) and other electronic devices as receiving terminals, are engaged in the provision of broadcast television services to the public, including IP television (IPTV), mobile TV, and Internet television.
Article 4 The State Council's Press, Publication, Radio, and Television Administration Department shall be responsible for the supervision and administration of Internet radio and television services throughout the country.
The press, publication, radio, and television administrative departments of local people's governments at or above the county level shall be responsible for the supervision and administration of network broadcasting and television services within their respective administrative regions.
Article V Internet radio and television service units are an important force for the construction of network culture. They bear the responsibility of building a network culture with Chinese characteristics and safeguarding the information security of network culture. They should consciously abide by the constitution, laws and administrative regulations, strengthen industry self-discipline, and provide high quality and reliable services.
Article 6 The development of Internet radio and television services shall adhere to the service of the people and socialism, adhere to the correct orientation, give priority to social benefits, promote the core values ​​of socialism, abide by the socialist ethics, and constantly reflect the development of the times and social progress. The ideological and cultural culture, vigorously promote the national outstanding cultural traditions, provide more and better Internet radio and television services, meet the growing needs of the people, and constantly enrich the people's spiritual and cultural life.
Encourage the public to supervise Internet radio and television services.
Chapter II Establishment of Internet Radio and TV Service Units
Article 7 In the implementation of Internet radio and television services, the information network dissemination of audiovisual program licenses (hereinafter referred to as licenses) issued by the administrative department of press, publication, and broadcasting shall be obtained in accordance with the present Measures. No license issued by the administrative department of press, publication, radio, and television shall be obtained in accordance with these Measures. No unit or individual may engage in network broadcasting and television services.
The directory of online broadcasting and TV service business guidance is formulated by the State Council’s Press, Publication, Radio, and TV Administration Department.
Article 8 An entity applying for internet radio and television services shall meet the following basic conditions:
(1) Qualified as a legal person, a state-owned sole proprietorship or a state-owned holding company, and there is no record of violation of laws and regulations within three years before the date of application;
(2) Having a sound program security dissemination management system and security protection measures;
(3) It has technical capabilities, business premises, funds and related resources that are appropriate for its business;
(4) Professionals who are suitable for their business, and the main funders and business operators have no violation records during the three years prior to the application date;
(5) The technical scheme complies with national standards, industry standards and technical specifications;
(6) It conforms to the overall planning, layout, and business guidance catalogue of the network radio and television services determined by the press, publication, radio, and television administrative department of the State Council;
(7) Comply with laws, administrative regulations and other conditions stipulated by the state.
Article 9 An application for engaging in IP television (IPTV), mobile TV, and Internet TV content services shall be broadcast and television broadcast agencies and central news agencies at the prefectural (municipal) level approved by the State Council's Press, Publication, Radio, and Television Administration Department. Applications for IP television (IPTV), mobile TV, and Internet TV content services should also have more than 2,000 hours of program content reserves, and there should be more than 30 professional program editors.
The applications for IP broadcast television (IPTV), mobile TV, and Internet TV integrated broadcast and control services shall be approved by the State Council's Press, Publication, Radio, and Television Administration Department for the establishment of broadcasting and television broadcast agencies at or above the provincial level.
Applications for IP television (IPTV) transmission services and mobile TV distribution services should be units that have legal basic network operation qualifications, have a certain scale of public information infrastructure, and have the credibility or ability to provide long-term services for users.
Article 10 An application for engaging in network radio and television services shall be submitted to the press, publication, and radio and television administrative department of the State Council through the administrative departments of press, broadcasting, and broadcasting of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The central unit directly may apply to the administrative department of press, broadcasting, and broadcasting of the State Council.
The press, broadcasting, radio, and television administrations of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, within 20 days from the date of receipt of the application, submit their opinions on preliminary examination to the State Administration of Press, Publication, Radio, and Television for examination and approval; the State Council’s press, publication, and radio and television administrations shall receive applications or preliminary examination opinions. The decision to grant or disapprove the license is made within 40 days of the date, in which the expert review time is 20 days. If permission is granted, the applicant shall be issued with a permit and announced to the public; if it is not approved, the applicant shall be notified in writing and explain the reasons. The license shall specify the business category, service content, transmission network, and coverage of the network broadcast television service.
The license is valid for 3 years. If the expiry of the validity period requires the continued implementation of the Internet radio and television service, the relevant materials that meet the conditions specified in Articles 7 and 8 of the present Measures shall be applied for the renewal formalities within 30 days before the expiry of the validity period.
Article 11 Any alteration of shareholder, shareholding structure, major financing behaviors such as listing, or major asset changes by the network broadcasting and television service unit shall be subject to the examination and approval formalities in accordance with these Measures before the change.
Where the unit name, office space, and legal representative of a network radio and television service unit are changed according to law, they shall file with the original issuing authority within 15 days after the change.
Article 12 The network radio and television service units shall change the business items such as service categories, service contents, transmission networks, and coverage areas specified in the licenses, as well as conduct joint ventures and cooperation models to conduct business, and shall go through the procedures for examination and approval in accordance with these Measures in advance.
Article 13 A network radio and television service unit shall provide services within 90 days of obtaining a permit. If the service is not provided on time, its license shall be cancelled by the original issuing authority. If the service is postponed or suspended for special reasons, it shall be approved by the original issuing authority. If the application for termination of service is made, it shall be reported to the original issuing authority 60 days in advance, and the permit shall be cancelled by the original issuing authority. If the business is continuously suspended for more than 60 days, the original issuing authority shall handle the termination of the business, and its license shall be cancelled by the original issuing authority.
Chapter III Specifications of Network Broadcast Television Services
Article 14 A network radio and television service unit shall engage in network radio and television services in accordance with the matters specified in the license.
Article 15 An entity that has been approved to engage in network broadcast television content services shall be responsible for the construction and operation of a content service platform, organize and edit programs, and provide programs to users through an integrated broadcast control platform.
Article 16 The broadcasting and television broadcasting organizations that have been approved to engage in integrated broadcasting and television broadcasting services shall be responsible for the construction and operation of the integrated broadcasting and control platform, including the unified integration and broadcast monitoring of the programs, the electronic program guide (EPG), and the user terminal. , billing, copyright management.
Article 17 A network radio and television service unit shall establish a network information security management system, a security system, and an emergency handling mechanism to perform its security protection obligations.
The network radio and television integration broadcast control service unit shall establish and improve the security broadcast control system, adopt technical safety control measures, be equipped with professional safety broadcast and control management personnel, and integrate, broadcast and control radio and television programs in accordance with the relevant requirements of the State Council's press, publication and radio and television administration departments. The program signal access request of the network broadcast television content service unit shall not be rejected, and the program signal broadcasted by the network broadcast television content service unit shall not be inserted, intercepted or changed without authorization.
Article 18 A network radio and television content service entity shall select the entity that has obtained the network radio and television integrated broadcasting control service license to provide access services.
Before the network radio and television integrated broadcasting and control service units provide access services, they shall inspect the licenses of the network radio and television content service units.
Before the network broadcast television transmission distribution service unit provides the transmission distribution service for the integrated broadcast control platform, it shall inspect the license of the network radio and television integrated broadcast control service unit.
Article 19 The network radio and TV content service units and the integrated broadcast and control service units shall mark the broadcasting logo, name and license number approved by the State Council Press, Publication, Broadcasting and Television Administration Department in a prominent position on the broadcast interface.
Article 20: A network radio and television service unit shall implement standardized connection and docking according to the provisions of radio and film management and related standards, and provide necessary technical support and service guarantees for docking.
Article 21 Programs broadcasted by Internet radio and TV content service units shall comply with the provisions of laws, administrative regulations and departmental rules, and shall not contain the following contents:
(1) Violating the basic principles set by the Constitution and inciting or undermining the implementation of the Constitution, laws, administrative regulations and rules;
(2) Endangering the unity, sovereignty and territorial integrity of the country;
(3) leaking state secrets, endangering national security and damaging national honors and interests;
(4) Inciting ethnic hatred, ethnic discrimination, infringing on national customs and practices, harming national feelings, and undermining national unity;
(5) Violating the national religious policy and promoting religious extremism and cults, superstitions, discrimination, and insulting of religious beliefs;
(6) disrupting social order and undermining social stability;
(7) to promote obscenity, gambling, violence, terror, drug abuse, abetment of crimes, or imparting methods of crime;
(8) insulting or slandering others;
(9) Endangering social morality or national outstanding cultural traditions;
(10) Violating the lawful rights and interests of minors or harming the physical and mental health of minors;
(11) Other contents prohibited by laws, administrative regulations and rules.
Article 22 The films, television dramas, cartoons, documentary programs and other programs broadcasted by the network radio and television content service units shall comply with the State's regulations on radio, film and television programs. The current political and audio-visual news programs broadcasted by Internet radio and television content service units shall be news programs produced and broadcast by radio and television stations at or above the prefecture (city) level.
Article 23 Programs broadcasted by the network radio and television content service units shall be provided to the users after they have been integrated and integrated by the integrated broadcast control platform set up by the network radio and television integrated broadcasting and control service units.
A network radio and television service unit may not broadcast illegal radio and television programs, nor may it link, aggregate, or integrate programs run by units that have not obtained network radio and television content service licenses.
Article 24: The network radio and television integration broadcasting and broadcasting service unit is responsible for monitoring the programs broadcasted by the content service units. If it finds that the programs integrated into the integrated broadcasting control platform contain content that violates these Measures, the program source shall be cut off immediately and reported. Press, publication, radio and television administration.
Article 25 The network radio and television content service unit shall be responsible for reviewing whether the programs provided by it comply with the provisions of laws, administrative regulations and departmental rules and conduct pre-broadcast review. The network radio and television content service units shall establish and improve program content management systems such as program review and safe broadcast, and be equipped with professional program review personnel. The name, content summary, broadcast time, duration, and source of the broadcasted program should be kept for at least 60 days. The competent authority should take the initiative to cooperate with it when inquiring according to law. The Internet radio and TV content service units shall immediately delete and save the relevant records, fulfill the reporting obligations, and implement the administrative requirements of the press, broadcasting, and television administration departments for programs containing programs that violate the Measures.
Article 26 The network radio and television transmission and distribution service units shall abide by the state's regulations on the safe transmission of radio and television and ensure the security of network transmission. It is forbidden to insert, intercept or alter the control signals of broadcast television programs and EPGs, user terminals, billing, and copyright issued by the integrated broadcast control platform.
Article 27 The technical systems and terminal products used for Internet radio and television services shall meet the relevant standards and requirements for broadcasting and film and television. No entity may provide relevant services such as server hosting, network transmission, hardware and software technical support, and agency fees to entities that have not obtained permission for network broadcast television services.
Article 28 The administrative department of press, broadcasting and broadcasting at or above the provincial level shall establish and improve a supervision system for network radio and television programs, establish a public supervision and reporting system, and strengthen the supervision and administration of Internet radio and television services.
The network broadcast television content service, integrated broadcast control, transmission and distribution and other units shall provide the necessary signal access conditions for the network broadcast television program monitoring system set up by the press and publication administrative department of broadcasting and television.
Chapter IV Legal Liability
Article 29 Whoever engages in internet radio and television services without authorization shall be warned by the administrative department of press and broadcasting at or above the county level and be ordered to make corrections, and may be concurrently imposed a fine of not more than 30,000 yuan; where the circumstances are serious, it shall be pursuant to Article 47 of the Radio and Television Regulations. The provisions of the article are punished.
Article 30 If the content of a program broadcast by a network radio and television content service provider violates the provisions of these Measures, the press and broadcasting administrative department at or above the county level shall give a warning, order it to make corrections, and may concurrently impose a fine of up to 30,000 yuan; if the circumstances are serious, The provisions of Article 49 of the Radio and Television Regulations shall be punished.
If the source of the program broadcast by the Internet radio and television content service units violates the provisions of these Measures, the press and broadcasting administrative department at or above the county level shall warn and order them to make corrections, and may impose a fine of not more than 20,000 yuan; if the circumstances are serious, the radio and television management regulations shall prevail. The provisions of Article 50 shall be punished.
Article 31 Those who have not engaged in network radio and television services in accordance with the matters specified in the license shall be warned by the press and broadcasting administrative departments at or above the county level and be ordered to make corrections. They may also be imposed a fine of not more than 20,000 yuan; if the circumstances are serious, they shall be broadcasted. The provisions of Article 50 of the Television Management Regulation shall be punished.
Article 32 Any one of the following acts committed in violation of the provisions of the present Measures shall be warned by the press and broadcasting administrative department at or above the county level, and be ordered to make corrections. A fine of up to 20,000 yuan may be concurrently imposed; if the circumstances are serious, according to the Regulations on Radio and Television Administration. The provisions of Article 51 shall be punished.
(1) The network radio and television content service units choose to provide the integrated broadcasting control platform provided by the units that have not obtained the network radio and television integrated broadcasting control permission or who have not been legally established integrated and delivered directly to the users;
(2) The network radio and television integration broadcast control service unit rejects the program signal access request from the network radio and television content service unit or the unauthorized insertion, interception or modification of the program signal broadcast by the network radio and television content service unit;
(3) The network radio and television transmission distribution service unit violates the State's regulations on the safe transmission of radio and television, or inserts, intercepts, and changes the radio and television program signals and the electronic program guide (EPG) issued by the integrated broadcast and control platform for Internet radio and television without permission. User end, billing, copyright and other control signals;
(4) Before the network radio and television integrated broadcasting and control service units provide access services for the network radio and television content service units, they have not fulfilled their obligations for inspection of licenses;
(5) The network radio and television service unit fails to implement the normative docking or does not provide the necessary technical support and service guarantee in accordance with the provisions of radio and film management and related standards;
(6) The network broadcasting and television transmission distribution service unit did not check the license of the network radio and television integrated broadcast control service unit before providing the transmission distribution service for the integrated broadcast control platform.
Article 33 If a network radio and television service unit commits any of the following acts, the press and broadcasting administrative department at or above the county level shall give a warning, order a rectification, and may concurrently impose a fine of up to 30,000 yuan; at the same time, the main funder may The operator may give a warning and may impose a fine of up to 20,000 yuan:
(1) Changes in the structure of shareholders, shareholding structure, major financing activities such as listing, or major changes in assets, without prior approval procedures;
(2) Change the business items such as service categories, service contents, transmission networks, and coverage areas as set out in the permit, and use the joint venture or cooperation model to conduct business, without prior approval formalities;
(3) failing to establish and improve the management system for safe broadcast and control, program review, safe broadcast, and safe transmission as required by these Measures, and fail to provide professional safety management and program review personnel;
(4) The network radio and TV content service units and the integrated broadcast control service units have not marked the broadcasting logo, name, and license number prominently on the broadcast interface;
(5) The network radio and television content service unit discovers that the program that violates the Measures has not been deleted in time or does not retain the broadcast information of the program or has not actively cooperated with the competent department to inquire and fulfill the reporting obligations;
(6) The network radio and television service unit finds that the program integrated into the broadcast control platform contains content that violates the Measures and does not timely cut off the program source or does not report to the press and broadcasting administrative department.
(7) The technical systems and terminal products used for Internet radio and television services do not meet the relevant standards and requirements for broadcasting and television;
(8) failing to provide the necessary conditions for signal access to the network radio and television program monitoring system established by the press and broadcasting administrative department;
(9) The network radio and television service unit has violated the regulations three times in the same year;
(10) Refusal, obstructing or delaying the press, broadcasting, and television administrative departments to perform supervision and inspections in accordance with law or to resort to fraud in the course of supervision and inspection;
(11) fraudulently obtaining licenses by means of false certificates, documents, etc.
If there is an act of (11) of this Article, the issuing authority shall revoke its permit.
Article 34 If a person in the administrative department of news publication, radio and television administration abuses his power or neglects his duties, he shall be given a punishment by the responsible person in accordance with the law. If a crime is constituted, the judicial organ shall investigate the criminal liability according to law.
Article 35 These regulations shall come into effect on the day of the year. The Measures for the Administration of Broadcasting of Audiovisual Programs on the Internet, etc., issued by the State Administration of Radio, Film and Television on June 15, 2004 (Order No. 39 of the State Administration of Radio, Film, and Television) shall be repealed at the same time.
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